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Criminal Procedure Act 2011

Appeals - Appeals against pre-trial decisions - First appeals

215: Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case

You could also call this:

"You can appeal some court decisions before a Judge-alone trial starts, with permission from a higher court."

Illustration for Criminal Procedure Act 2011

If you are the defendant or the prosecutor in a Judge-alone trial, you can appeal some decisions made by the court before the trial starts. You need to get permission from the first appeal court to do this. You can appeal decisions about what evidence is allowed in court, such as those made under section 79. You can also appeal decisions about cross-examining a complainant, which is allowed under section 44 of the Evidence Act 2006.

You can appeal decisions about giving evidence by video before the trial, which is covered by section 106F of the Evidence Act 2006 and section 106D. You can also appeal decisions about further cross-examining a complainant who has already given evidence by video, which is allowed under section 106H of the Evidence Act 2006.

You can appeal decisions about keeping a witness's identity secret, which is covered by section 109(1)(d) and 109B(2) of the Evidence Act 2006. You can also appeal decisions about making a witness anonymity order, which is allowed under section 110 of the Evidence Act 2006 and section 112.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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214: Duty to determine appeal subject to sections 337 and 338, or

"The court must follow rules when deciding your appeal."

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216: Refusal to give leave to appeal under section 215, or

"When the court says no to your appeal before the trial is finished"

Part 6Appeals
Appeals against pre-trial decisions: First appeals

215Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case

  1. This section applies if a court makes a decision specified in subsection (2) in proceedings to be tried by Judge-alone trial procedure.

  2. The defendant or the prosecutor may, with the leave of the first appeal court, appeal to that court against a decision that is one of the following:

  3. making or refusing to make an order under section 79 (as to admissibility of evidence):
    1. granting or refusing to grant permission under section 44 of the Evidence Act 2006 (which relates to the cross-examination of a complainant):
      1. granting or refusing to grant an application for a direction under section 106F of the Evidence Act 2006 in respect of a notification under section 106D of that Act that cross-examination evidence is to be given by video record made before trial:
        1. granting or refusing to grant an application under section 106H of the Evidence Act 2006 for further cross-examination of a sexual case complainant or propensity witness all of whose evidence has been or is to be given by video record made before trial:
          1. giving or refusing to give leave on an application under section 109(1)(d) or 109B(2) of the Evidence Act 2006 (which relates to the identity of a witness):
            1. making or refusing to make a pre-trial witness anonymity order under section 110 of the Evidence Act 2006:
              1. making or refusing to make a witness anonymity order under section 112 of the Evidence Act 2006.

                Compare
                Notes
                • Section 215(1): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).
                • Section 215(2)(ba): inserted, on , by section 49 of the Sexual Violence Legislation Act 2021 (2021 No 60).
                • Section 215(2)(bb): inserted, on , by section 49 of the Sexual Violence Legislation Act 2021 (2021 No 60).
                • Section 215(2)(c): amended, on , by section 29 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
                • Section 215(2)(ca): inserted, on , by section 31 of the Statutes Amendment Act 2019 (2019 No 56).